Sovereign Debt Restructuring And English Governing Law,
2017
Brooklyn Law School
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies,
2017
Brooklyn Law School
What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister
Brooklyn Journal of Corporate, Financial & Commercial Law
Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings,
2017
Brooklyn Law School
Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko
Brooklyn Journal of International Law
In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally,
2017
Brooklyn Law School
Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis
Brooklyn Journal of International Law
At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain,
2017
Brooklyn Law School
Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George
Brooklyn Journal of International Law
Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …
International Gas Outlook And Implications For Developing Tanzania’S Gas Projects,
2017
Columbia Law School, Columbia Center on Sustainable Investment
International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro
Columbia Center on Sustainable Investment Staff Publications
In the frame of its partnership with Uongozi – Tanzania, CCSI drafted a brief that reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some of the trade-offs and considerations that need to be taken into account when negotiating the domestic gas allocation.
Ccsi Submission To Un Special Rapporteur On Extreme Poverty Re: United States Country Visit,
2017
Columbia Law School
Ccsi Submission To Un Special Rapporteur On Extreme Poverty Re: United States Country Visit, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
The United Nations Special Rapporteur on extreme poverty and human rights, Professor Philip Alston, will conduct a country visit to the United States in December 2017. In response to his call for input, CCSI sent a submission focused the United States’ role in the international investment regime, and the United States’ international investment agreements (IIAs), noting that the IIAs to which the US is a party raise tensions, and can potentially create conflicts, with the US’s human rights obligations, including those that apply extraterritorially, and exacerbate conditions of poverty, extreme poverty and inequality.
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level,
2017
Columbia Law School, Columbia Center on Sustainable Development
At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times,
2017
Singapore Management University
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism,
2017
Singapore Management University
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times,
2017
Singapore Management University
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations,
2017
Lund University
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
Michigan Journal of International Law
The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017),
2017
Frontline Reports Editor, Dignity
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
India’S Revised Model Bit: Two Steps Forward, One Step Back?,
2017
Columbia Law School, Columbia Center on Sustainable Development
India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta
Columbia Center on Sustainable Investment Staff Publications
In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements,
2017
Singapore Management University
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article argues that Wrotham Park damages, if it is to be preserved as a term of art, is best understood as compensating the claimant for losing the ability to sue for future infringements. The claimant’s loss, which is prospective in nature, arises because the court, in exercise of the jurisdiction conferred by Lord Cairns’ Act, decides to award damages in lieu of an injunction as a means of achieving finality in the settlement of the dispute. The damages award is both the source of and the remedy for the loss. The recent attempts at expanding the availability of the …
Principled Negotiation: The Final Answer To The South China Sea Dispute,
2017
Texas A&M University School of Law
Principled Negotiation: The Final Answer To The South China Sea Dispute, Hoa Nguyen
Texas A&M Law Review
Principled negotiation suggests that in any conflict there are interests that motivate a party’s claimed position. Identifying and focusing on these interests instead of the position itself is the best way to solve the underlying conflict, whether it concerns a family quarrel, a business contract, or an international settlement among nations. On the surface of the South China Sea dispute, China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan all make conflicting claims over various features in the South China Sea, particularly the Spratly and Paracel Islands. However, in reality, each nation has particular interests in mind when asserting its claiming …
Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development,
2017
Texas A&M University School of Law
Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau
Texas A&M Law Review
In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …
Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution,
2017
Texas A&M University School of Law
Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter
Texas A&M Law Review
Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution
Legislative Requirements For Cyber Peacekeeping,
2017
Horangi
Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James
Journal of Digital Forensics, Security and Law
Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …
Seeking Justice, Moving On,
2017
Singapore Management University
Seeking Justice, Moving On, Singapore Management University
Perspectives@SMU
Transitional justice measures should be used carefully to heal conflict wounds
